After the officer approached you, you lost control. You may even have hit them. What is aggravated asssault or aggravated battery to an officer? What can you do?
In Illinois, you can be charged with aggravated assault if you knowingly cause an officer to reasonably fear that you are going to cause bodily harm. Maybe you threatened to hit the officer or you pointed a gun at them. Aggravated assault is a Class A Misdemeanor. If you used a gun, blackjack, shotgun or other weapon in threatening the officer, you can be charged with a Class 4 Felony.
Aggravated assault becomes aggravated battery if you actually hurt the officer or made contact of an insulting nature such as by grabbing at them. If you did not cause great bodily harm, disfigurement or permanent disability, the charge is a Class 2 Felony. But if you seriously harmed the officer, the charge upgrades to a Class 1 Felony. If did so while shooting a gun, the charge could become a Class X Felony.
Aggravated assault or battery to an officer requires that
(1) you commited the offense while the officer was performing official duties, or
(2) you did it to prevent the officer from performing official duties, or
(3) you did it to retaliate against the officer for performing official duties.
If you are charged with assault, battery or a similar offense, contact an experienced criminal law attorney immediately. An attorney can review your case for your best possible defense. As with most crimes, the state must prove the elements of the offense beyond a reasonable doubt. Did you know the person you assaulted was an officer? Were they performing official duties? What if the assault occurred for personal reasons that had nothing to do with the officer’s status? Even if the evidence against you is overwhelming, an attorney who is respected in the courthouse may be able to negotiate a more beneficial plea agreement than you could on your own.
If you have questions about this or another related criminal or traffic matter, please contact Matt Keenan at 847-568-0160 or email matt@mattkeenanlaw.com
Reference: 720 ILCS 5/12-2(a)(4.1) and 720 ILCS 5/12-3.05(c).
(Besides Skokie, Matt Keenan also serves the communities of Arlington Heights, Chicago, Deerfield, Des Plaines, Evanston, Glenview, Morton Grove, Mount Prospect, Niles, Northbrook, Park Ridge, Rolling Meadows, Wilmette and Winnetka.)
